New York S 1640: Authorizes a plea of guilty and the payment of fines or penalties electronically via the internet

Bill Text

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 Speaker Carl E. Heastie

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S01640 Summary:

BILL NOS01640B

&nbsp

SAME ASSAME AS A08691-B

&nbsp

SPONSORFERNANDEZ

&nbsp

COSPNSRBORRELLO, ROLISON

&nbsp

MLTSPNSR

&nbsp

Add §60.41, CP L

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Provides for the admissibility of a complainant's outcry and disclosures in cases of sexual abuse regardless of when the disclosure was made relative to the abuse.

Go to top S01640 Actions:

BILL NOS01640B

&nbsp

01/13/2025REFERRED TO CODES

05/01/2025AMEND (T) AND RECOMMIT TO CODES

05/01/2025PRINT NUMBER 1640A

01/07/2026REFERRED TO CODES

04/06/2026AMEND AND RECOMMIT TO CODES

04/06/2026PRINT NUMBER 1640B

Go to topS01640 Committee&nbspVotes:

Go to topS01640 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS01640 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 1640--B

 2025-2026 Regular Sessions

 IN SENATE

 January 13, 2025
 ___________

 Introduced by Sens. FERNANDEZ, BORRELLO, ROLISON -- read twice and
 ordered printed, and when printed to be committed to the Committee on
 Codes -- committee discharged, bill amended, ordered reprinted as
 amended and recommitted to said committee -- recommitted to the
 Committee on Codes in accordance with Senate Rule 6, sec. 8 -- commit-
 tee discharged, bill amended, ordered reprinted as amended and recom-
 mitted to said committee

 AN ACT to amend the criminal procedure law, in relation to admissibility
 of a complainant's outcry and disclosures in cases of sexual abuse

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The criminal procedure law is amended by adding a new
 2 section 60.41 to read as follows:
 3 § 60.41 Rules of evidence; admissibility of outcry and disclosures in
 4 cases of sexual abuse.
 5 1. Evidence that a complainant disclosed the alleged sexual abuse, or
 6 any portion thereof, to another person may be admissible on the prose-
 7 cution's case-in-chief, including during the direct examination of rele-
 8 vant witnesses in a prosecution for an offense or an attempt to commit
 9 an offense defined in article one hundred thirty or two hundred sixty-
 10 three or section 230.34, 230.34-a, 235.22, 255.25, 255.26, 255.27,
 11 260.10, 260.24, 260.25, 260.32, or 260.34 of the penal law.
 12 2. Such evidence may come from the complainant and also from any other
 13 person who heard or saw any disclosure, and such evidence may include
 14 multiple disclosures if applicable. Such evidence may include but is not
 15 limited to (a) the details of the complaint itself; (b) the demeanor of
 16 the complainant at the time of any disclosure; (c) any witness to any
 17 disclosure; and (d) any surrounding circumstances or statements that
 18 provide context to a disclosure.
 19 3. Evidence regarding the details of the complaint itself as
 20 described in paragraph (a) of subdivision two of this section shall not

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04985-04-6

 S. 1640--B 2

 1 be received into evidence for its truth but only for the limited
 2 purposes of one or more of the following: (a) providing context and
 3 background to the allegations charged; (b) demonstrating the state of
 4 mind of the complainant and other witnesses; (c) explaining the nature
 5 of the timing and any delay in the making of any disclosure; and (d)
 6 assisting the jury to determine whether to credit the complainant's
 7 testimony.
 8 4. Upon receiving evidence described in this section during any
 9 proceeding, the court shall instruct the jury as to the permissible uses
 10 of such testimony.
 11 5. Nothing in this section shall be construed to (a) prohibit a
 12 defendant from introducing evidence of a complainant's failure to
 13 promptly disclose the alleged crime; or (b) prevent the admission of
 14 evidence of a disclosure for its truth if such would be permissible
 15 under another provision of law.
 16 § 2. This act shall take effect immediately.

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